NARAYAN LAL MAHESWARI AND ORS. Vs. THE STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THE petitioners in this application have prayed for a writ of mandamus commanding the respondents to forbear from giving effect to a notice dated 22 -1 -1954 directing requisition of a certain piece of land belonging to one 'Harbilas Sarkar, but purporting to include therein the land of the petitioners.

(2.) THE relevant facts are as follows: In 1949 Mohan Lai Maheswari, the father of petitioner 1, purchased under a registered deed of sale about 2 Bighas 6 Kathas of land in exchange for some other land belonging to the family firm of the petitioners. This area was a part of Touji No. 580 of Bijni Raj Estate situated in Birjhora Mauza. The Touji in question consisted of about 14 Bighas of land in one and the same block the entire block standing in the name of Harbilas Sarkar.

(3.) THE main ground on which the application is pressed before us is that in the absence of any notice against the petitioners, the action of the Deputy Commissioner in threatening to take possession of the petitioners' land under cover of the notice issued on Harbilas Sarkar, is wholly illegal and without jurisdiction. The power to requisition; is vested in the Provincial Government by virtue of Section 3, Assam Land (Requisition and Acquisition). Act, 1948. Section 3 of the Act provides that